Explanations

For the purposes of sections 4 and 5— (i) where the person who lawfully cultivated the land on the relevant date is, on or before the date of coming into force of this Act, dead, his legal representative, or where there are more than one legal representative all of them jointly shall be entitled to the same rights and subject to the same obligations as the deceased person; (ii) where any land is held by two or more persons jointly as tenants, all such persons shall, if any one of them cultivated and continues to cultivate such land personally, be deemed to be tenants in respect of such land; (iii) when any land is cultivated by a widow or minor or a person who is subject to physical or mental disability or a serving member of the Defence Forces, through a tenant then notwithstanding anything contained in "Explanation (2) to clause (7) of section 2", such tenant shall be deemed to be a tenant. (1) The certificate to be granted by the Tribunal under sub-section (5) of section 17 shall be in Form II, and the certificate to be granted under sub-section (6) of the said section shall be in Form III. (2) The scale of fees payable for a certificate in Form II or III shall be as under— 1. When the value of the site does not exceed Rs. 2,000/- : 2 per cent. of the value subject to a minimum of Rs. 2/-. 2. When the value of the site exceeds Rs. 2,000/-: (i) For the first Rs. 2,000/- 2 1/2 per cent. (ii) For the amount in excess of Rs. 2,000/- upto the value of Rs. 10,000/- 1 per cent. (iii) For the amount in excess of Rs. 10,000/- 2 1/2 per cent. Any fraction of a hundred rupees of Rs. 51/- or more shall be treated as one hundred rupees and any fraction below Rs. 51/- shall be ignored for calculating the fees. It shall be lawful for a Survey Officer, while conducting surveys mentioned in the preceding rule, to call upon all holders of land and other persons interested therein, to assist in the measurement of the lands to which the survey extends by furnishing flagholders and the like; and in the event of a necessity for employing hired labour for this or other similar object incidental to survey operations, it shall be lawful to assess the cost thereof, with all contingent expenses on the lands surveyed, for collection as a revenue demand. (1) The Managing Committee of the Association shall be composed of the following office bearers namely, a Chairman, a Vice-Chairman, an Honorary Treasurer, an Attorney and an Honorary Secretary. The Office bearers shall be elected by the General Body according to the procedure prescribed under rule 4. The term of the Managing Committee shall be 3 years from the date of election. However, the office bearers shall be eligible for re-elections. (2) An Office bearer may tender his resignation in writing to the Mamlatdar and the same shall be effective from the date on which it is accepted by the Mamlatdar. (3) An Office bearer of the Managing Committee shall be liable to be removed by a resolution to this effect if the same has been approved by the two-thirds of the members of the Association present in a special meeting convened for the said purpose. However, (3) no such meeting for the removal of the Office bearer shall be called unless a 5 days notice is given to the Office bearer concerned mentioning therein the grounds of the proposed removal. A copy of such notice shall be endorsed to Mamlatdar who shall convene a special meeting after satisfying himself about the genuineness of the purpose. (4) The resultant vacancy in the Managing Committee on account of resignation, removal or death shall be filled in accordance with the provisions of sub-rule (1) within 45 days from the date of vacancy failing which such vacancy shall be filled in by the Mamlatdar through nomination from among the members of the association. The term of Office of such new member shall be co-terminous with the term of Office of the other members. (5) The Managing Committee shall be responsible for discharge of following functions:— (a) To maintain the list of tenants up-to date as prescribed in Form III under Rule 3. (b) To take all steps which are necessary to be taken for conservancy, maintenance or repairs of bunds. (c) To get the estimates prepared for repairs, maintenance etc. from the Soil Conservation Division of the Directorate of Agriculture and take steps for execution of these works through the Soil Conservation Division. (d) To prepare the annual statement of Accounts showing receipts and expenditure and present the same before the general body on the date fixed for the meeting. (e) To auction the right to fishing in the vicinity of the sluice gates and to lease out the trees on the bunds. (f) To take immediate steps for closer of breaches in the bunds and get the work executed. (g) Any other work which the Mamlatdar or the General Body may entrust to the Managing Committee in the interest of the proper up-keep and maintenance of the bunds and sluice gates. Explanation 1:— The Managing Committee shall work and function collectively and the responsibility of all members of the Managing Committee shall be joint for any acts of omission and commission as regards the duties of the Office bearers. (6) The meetings of the Managing Committee shall be presided over by the Chairman or in his absence by the Vice-Chairman. There shall be at least one meeting in a period of 2 months. The minutes of the proceedings of each meeting shall be kept and the same shall be duly signed by the presiding officer and the members present. Decision in the Managing Committee shall be by majority of votes. At least three office bearers shall form the quorum for the meetings of the Managing Committee and if there is no sufficient quorum, the meeting shall be adjourned for a future date. The adjourned meeting may deliberate the agenda if at least two office bearers are present and the subject matter is to be discussed is of urgent nature. A copy of the minutes of the meeting of Managing Committee shall be sent to the Mamlatdar within 7 days of the date of meeting for his information and action, if any. (7) The Chairman shall have powers to call the meeting of the Managing Committee and the General Body as and when found necessary. (8) In the absence of the Chairman, the Vice-Chairman shall discharge all the duties of the Chairman. (9) The Secretary of the Managing Committee shall prepare the Agenda for two meetings and record the minutes of the meeting of the general body and the meetings of the Managing Committee and shall exercise general supervision on the records of the Association. He shall be responsible for realization of the annual subscription and additional contribution from the member tenants. He shall also prepare and forward to the Mamlatdar a list of defaulters duly signed by him and the Chairman for further action towards recovery of dues of the association in accordance with the provisions of the Act. A copy of such list shall also be displayed on the notice board of the Village Panchayat within whose jurisdiction the Association functions and the list shall also be placed before the General Body in its next meeting. (10) The Treasurer shall be responsible to maintain all the accounts of the Association showing receipts and expenditure and to get the accounts audited annually, by an Auditor appointed by the Managing Committee with the approval of the Mamlatdar. (11) The Mamlatdar concerned shall have power to call from the Managing Committee any records, statements, registers, account or reports which he may think necessary. (12) The attorney shall look after the up-to-date maintenance of the list of tenants. He shall also attend to the disputes arising out of the discharge of the functions by the Association after obtaining concurrence of the Managing Committee and under intimation to the Mamlatdar. (13) On the election of the new Committee, the old Committee shall hand over the charge of all the receipts, papers, property and cash balance within 15 days to the new Committee. (14) In case of any complaints about non-compliance of the above formalities, the Mamlatdar may by a written order direct that the records, money or other property so detained be delivered to such successor within the time limit to be specified in such order and if the Chairman, Vice-Chairman, Treasurer, Attorney and Secretary fail to comply with the said order, the Mamlatdar shall: a) direct that such money be recovered as an arrear of land revenue; b) issue a search warrant for recovery of any records, stores or other property and exercise all such powers as may be lawfully exercised by an Executive Magistrate under the provisions of Chapter VII of the Cr. P. C.: Provided that no action shall be taken under this rule unless the person concerned has been given a reasonable opportunity to show cause why such action should not be taken against him. (15) If the Mamlatdar, after summary enquiry, is satisfied that the Managing Committee or any office bearer thereof has failed to discharge the duties or has abused the powers or has misappropriated the funds of the Tenants Association by not maintaining the accounts in the specified manner resulting in loss to the Tenants Association or has done any acts which are harmful to the agricultural land, he shall dissolve the Managing Committee or summarily remove any office-bearer of the Managing Committee and appoint an ad hoc Managing Committee or any of its office bearer to perform all the duties and exercise all the powers of the Managing Committee as enumerated in the preceding rules till the new Managing Committee or his office bearer takes charge: Provided that such ad hoc Managing Committee shall continue to function till a new Managing Committee or any of its office bearer is appointed in accordance with the provisions of sub-rule (1) or till the expiry of six months from the date of its constitution, whichever is earlier. The Mamlatdar may accord sanction for transfer of agricultural land under section 18K in any of the following circumstances, namely:— (a) that the land is required for agricultural purpose by an industrial or a commercial undertaking in connection with any industrial or commercial operation carried on by such undertaking; or (b) that the transfer is for the benefit of any Educational or Charitable Institution; or (c) that the land is required by a Co-operative farming society; or (d) that the land is being sold in execution of a decree of a civil court for the recovery of arrears of Land Revenue; or (e) that the land is being sold by the landowner on the ground that he is permanently rendered in capable of cultivating the land personally any and none of the members of his family are willing to cultivate personally; or (f) that the land is gifted in favour of a Religious or Charitable Institution; (g) that the land being partitioned among the heirs/survivors of the deceased landowner; (h) that the land is being leased by a landowner who is a minor; or a widow, or a person subject to any physical or mental disability or a member of the armed forces or among the land owners holding the land jointly. Notwithstanding anything contained in this Act or any law for the time being in force, no pleader shall be entitled to appear on behalf of any party in any proceedings under this Act before the Mamlatdar or the Collector: Provided that the Mamlatdar or the Collector may, in the interest of justice and for reasons to be recorded in writing, allow the parties to be represented at their own cost by a pleader: Provided further that if any officer of Government is appointed or declared by a competent court or is authorized under any law for the time being in force as a guardian, administrator or manager of the property of a person who is under a legal disability or is incompetent or unable to manage or to act, such officer shall be entitled to appear through a representative authorized by him in writing in this behalf in any proceedings before the Mamlatdar or the Collector. Explanation.— For the purpose of this section the expression “pleader” includes an advocate, Vakil or any other legal practitioner.